1.1.................... moves to amend H.F. No. 1097, the delete everything amendment
1.2(H1097DE1-2), as follows:
1.3Page 5, after line 8, insert:
1.4 "Sec. 9. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
1.5 Subd. 2.
Off-highway vehicle seasonal restrictions. (a)
The commissioner shall
1.6prescribe seasons for off-highway vehicle use on state forest lands. Except for designated
1.7forest roads, a person must not operate an off-highway vehicle on state forest lands
: (1)
1.8outside of the seasons prescribed under this paragraph; or (2) during the firearms deer
1.9hunting season in areas of the state where deer may be taken by rifle. This paragraph
1.10does not apply to a person in possession of a valid deer hunting license operating an
1.11off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
1.12 (b) The commissioner may designate and post winter trails on state forest lands
1.13for use by off-highway vehicles.
1.14 (c) For the purposes of this subdivision, "state forest lands" means forest lands under
1.15the authority of the commissioner as defined in section
89.001, subdivision 13, and lands
1.16managed by the commissioner under section
282.011.
1.17 Sec. 10. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
1.18to read:
1.19 Subd. 12. Dual registration. (a) An off-highway motorcycle registered under
1.20this section may also be registered as a motorcycle under chapter 168 for use on public
1.21roads and highways.
1.22(b) If the off-highway motorcycle was not originally constructed primarily for use
1.23on public roads and highways, the off-highway motorcycle must be equipped with mirrors
1.24and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
1.25requirements of chapter 169, the safety standards of the National Traffic and Motor Safety
1.26Act, United States Code, title 15, sections 1381 through 1431, and the regulations adopted
2.1under that federal act, for motorcycles regarding safety and acceptability to operate on
2.2public roads and highways.
2.3(c) An applicant for registration under chapter 168 must submit a form, prescribed
2.4by the commissioner of public safety.
2.5(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the
2.6requirements of chapter 169 according to this subdivision.
2.7 Sec. 11.
[84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
2.8 Subdivision 1. Pass required; fee. (a) A nonresident may not operate an off-road
2.9vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
2.10nonresident off-road vehicle state trail pass sticker issued according to this section.
2.11The pass must be viewable by a peace officer, a conservation officer, or an employee
2.12designated under section
84.0835.
2.13(b) The fee for an annual pass is $20. The pass is valid from January 1 through
2.14December 31. The fee for a three-year pass is $30. The commissioner of natural resources
2.15shall issue a pass upon application and payment of the fee. Fees collected under this
2.16section, except for the issuing fee for licensing agents, shall be deposited in the state
2.17treasury and credited to the off-road vehicle account in the natural resources fund and,
2.18except for the electronic licensing system commission established by the commissioner
2.19under section
84.027, subdivision 15, must be used for grants-in-aid to counties and
2.20municipalities for off-road vehicle organizations to construct and maintain off-road
2.21vehicle trails and use areas.
2.22 (c) A nonresident off-road vehicle state trail pass is not required for:
2.23 (1) an off-road vehicle that is owned and used by the United States, another state,
2.24or a political subdivision thereof that is exempt from registration under section
84.798,
2.25subdivision 2;
2.26 (2) a person operating an off-road vehicle only on the portion of a trail that is owned
2.27by the person or the person's spouse, child, or parent; or
2.28(3) a nonresident operating an off-road vehicle that is registered according to section
2.2984.798.
2.30 Subd. 2. License agents. The commissioner may appoint agents to issue and
2.31sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
2.32appointment of an agent at any time. The commissioner may adopt additional rules as
2.33provided in section
97A.485, subdivision 11. An agent shall observe all rules adopted
2.34by the commissioner for accounting and handling of passes pursuant to section
97A.485,
3.1subdivision 11
. An agent shall promptly deposit and remit all money received from the
3.2sale of the passes, exclusive of the issuing fee, to the commissioner.
3.3 Subd. 3. Issuance of passes. The commissioner and agents shall issue and sell
3.4nonresident off-road vehicle state trail passes. The commissioner shall also make the
3.5passes available through the electronic licensing system established under section
84.027,
3.6subdivision 15.
3.7 Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass
3.8shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
3.9passes issued by the commissioner shall be deposited in the off-road vehicle account in the
3.10natural resources fund and retained for the operation of the electronic licensing system.
3.11 Subd. 5. Duplicate passes. The commissioner and agents shall issue a duplicate
3.12pass to persons whose pass is lost or destroyed using the process established under section
3.1397A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
3.14off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
3.15 Sec. 12. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
3.16 Subd. 8.
All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a
3.17motorized
flotation-tired vehicle
of not less than three low pressure tires, but not more
3.18than equipped with three to six
nonhighway tires
, that is limited in engine displacement
3.19of less than 960 cubic centimeters and includes a class 1 all-terrain vehicle and class
3.202 all-terrain vehicle.
All-terrain vehicle does not include a golf cart; a mini-truck; a
3.21dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance,
3.22agriculture, logging, or mining purposes.
3.23 Sec. 13. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
3.24 Subd. 9.
Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an
3.25all-terrain vehicle that has a total dry weight of less than 1,000 pounds
and has a straddled
3.26seat.
3.27 Sec. 14. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
3.28 Subd. 10.
Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an
3.29all-terrain vehicle that
is not a class 1 all-terrain vehicle, has a total dry weight of
1,000 to
3.301,800 pounds
or less, and has a manufacturer's published width of 68 inches or less."
3.31Page 6, after line 6, insert:
3.32 "Sec. 16. Minnesota Statutes 2010, section 84.9257, is amended to read:
3.3384.9257 PASSENGERS.
4.1 (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
4.2carrying
only one passenger.
4.3 (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
4.4carrying
a only one passenger, or up to the number of passengers for which the vehicle
4.5was designed, whichever is greater.
4.6(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
4.7only one passenger and the passenger must be the person's parent or legal guardian."
4.8Page 17, after line 14, insert:
4.9 "Sec. 45. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
4.10 Subd. 3.
Voluntary titling. The owner of a device used or designed for navigation
4.11on water and used on the waters of this state may obtain a certificate of title for the device,
4.12even though it is not a watercraft as defined in section
86B.820, subdivision 14, in the
4.13same manner and with the same effect as the owner of a watercraft required to be titled
4.14under
Laws 1989, chapter 335 sections 86B.820 to 86B.920. Once titled, the device
4.15is a titled watercraft as defined in section
86B.820, subdivision 13, and is and remains
4.16subject to
Laws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a
4.17watercraft required to be titled.
4.18 Sec. 46. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
4.19 Subd. 2.
Issuance. (a) The commissioner shall issue a certificate of title for a
4.20watercraft upon verification that:
4.21(1) the application is genuine;
4.22(2) the applicant is the owner of the watercraft; and
4.23(3) payment of the required fee.
4.24(b) The original certificate of title must be mailed to the
first secured party disclosed
4.25in the application or, if none, to the owner named in the application.
Secured parties, if
4.26any, must be mailed notification of their security interest filed.
4.27 Sec. 47. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
4.28 Subdivision 1.
Form and issuance. (a) The commissioner may issue a duplicate
4.29certificate of title under this section. The duplicate certificate of title must be a certified
4.30copy plainly marked "duplicate" across its face and must contain the legend: "This
4.31duplicate certificate of title may be subject to the rights of a person under the original
4.32certificate." It must be mailed
to the first secured party named in it or, if none, to the owner.
4.33The commissioner shall indicate in the department records that a duplicate has been issued.
5.1(b) As a condition to issuing a duplicate certificate of title, the commissioner may
5.2require a bond from the applicant in the manner and form prescribed in section
86B.830,
5.3subdivision 4
, paragraph (b).
5.4 Sec. 48. Minnesota Statutes 2010, section 86B.885, is amended to read:
5.586B.885 OWNER-CREATED SECURITY INTEREST.
5.6Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
5.7(a) The owner shall immediately execute the application in the space provided on the
5.8certificate of title or on a separate form prescribed by the commissioner, show the name
5.9and address of the secured party on the certificate, and have the certificate, application,
5.10and required fee delivered to the secured party.
5.11(b) The secured party shall immediately have the certificate, application, and
5.12required fee mailed or delivered to the commissioner.
5.13(c)
Upon request of the owner or A second or subordinate secured party
, a secured
5.14party in possession of the certificate of title shall either (1) mail or deliver the certificate
5.15to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
5.16from the subordinate secured party the owner's application and the required fee, mail or
5.17deliver them to the commissioner with the certificate. The delivery of the certificate does
5.18not affect the rights of the first secured party under the security agreement.
5.19(d) Upon receiving the certificate of title, application, and required fee, the
5.20commissioner shall either endorse on the certificate or issue a new certificate containing
5.21the name and address of the new secured party, and mail or deliver the certificate to the
5.22first secured party named on it owner. The secured party or parties shall be issued a
5.23notification that the security interest has been recorded."
5.24Page 49, after line 31, insert:
5.25 "Sec. 102. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to
5.26read:
5.27 Subd. 18.
Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle
5.28designed and originally manufactured to operate primarily on highways, and not operated
5.29exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
5.30self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
5.31by electric power obtained from overhead trolley wires but not operated upon rails. It does
5.32not include snowmobiles, manufactured homes, or park trailers.
5.33(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
5.34(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
6.1and (3) displays both disability plates and a physically disabled certificate issued under
6.2section
169.345.
6.3(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
6.4vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
6.5before August 1, 1985. The owner may continue to license an all-terrain vehicle described
6.6in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
6.7owner, is destroyed, or fails to comply with the registration and licensing requirements
6.8of this chapter.
6.9(d) "Motor vehicle" does not include an electric personal assistive mobility device as
6.10defined in section
169.011, subdivision 26.
6.11(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
6.12169.011, subdivision 46
.
6.13(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
6.14requirements of chapter 169 according to section 84.788, subdivision 12.
6.15 Sec. 103. Minnesota Statutes 2010, section 168A.085, is amended to read:
6.16168A.085 APPLICATION FOR TITLE OR REGISTRATION, CERTAIN
6.17CASES.
6.18 Subdivision 1.
Limitations. No application for certificate of title
or registration may
6.19be issued for a vehicle that was not manufactured in compliance with applicable federal
6.20emission standards in force at the time of manufacture as provided by the Clean Air Act,
6.21United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant
6.22thereto, and safety standards as provided by the National Traffic and Motor Safety Act,
6.23United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant
6.24thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle
6.25was not brought into the United States from outside the country or all of the following:
6.26(1) a bond release letter, with all attachments, issued by the United States Department
6.27of Transportation acknowledging receipt of a statement of compliance submitted by the
6.28importer of the vehicle and that the statement meets the safety requirements as provided
6.29by Code of Federal Regulations, title 19, section 12.80(e);
6.30(2) a bond release letter, with all attachments, issued by the United States
6.31Environmental Protection Agency stating that the vehicle has been tested and known to
6.32be in conformity with federal emission requirements; and
6.33(3) a receipt or certificate issued by the United States Department of the Treasury
6.34showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618,
6.35title 2, section 201(a), have been fully paid.
7.1 Subd. 2.
Accompanying documents. The application for certificate of title
and the
7.2application for registration must be accompanied by a manufacturer's certificate of origin
7.3in the English language which was issued by the actual vehicle manufacturer and either:
7.4(1) the original documents constituting valid proof of ownership in the country in
7.5which the vehicle was originally purchased, together with a translation of the documents
7.6into the English language verified as to accuracy of the translation by affidavit of the
7.7translator; or
7.8(2) with regard to a vehicle imported from a country that cancels the vehicle
7.9registration and title for export, a bond as required by section
168A.07, subdivision 1,
7.10clause (2).
7.11 Sec. 104. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
7.12 Subdivision 1.
Designation of roadway, permit. The governing body of any
7.13county, home rule charter or statutory city, or town may by ordinance authorize the
7.14operation of motorized golf carts,
four-wheel all-terrain vehicles, or mini trucks, on
7.15designated roadways or portions thereof under its jurisdiction. Authorization to operate a
7.16motorized golf cart,
four-wheel all-terrain vehicle, or mini truck is by permit only. For
7.17purposes of this section,
a four-wheel an all-terrain vehicle
is a motorized flotation-tired
7.18vehicle with four low-pressure tires that is limited in engine displacement of less than 800
7.19cubic centimeters and total dry weight less than 600 pounds has the meaning given in
7.20section 84.92, and a mini truck has the meaning given in section
169.011, subdivision 40a.
7.21 Sec. 105. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
7.22 Subd. 2.
Ordinance. The ordinance shall designate the roadways, prescribe the
7.23form of the application for the permit, require evidence of insurance complying with the
7.24provisions of section
65B.48, subdivision 5 and may prescribe conditions, not inconsistent
7.25with the provisions of this section, under which a permit may be granted. Permits may be
7.26granted for a period
of not to exceed
one year three years, and may be
annually renewed.
7.27A permit may be revoked at any time if there is evidence that the permittee cannot safely
7.28operate the motorized golf cart,
four-wheel all-terrain vehicle, or mini truck on the
7.29designated roadways. The ordinance may require, as a condition to obtaining a permit,
7.30that the applicant submit a certificate signed by a physician that the applicant is able
7.31to safely operate a motorized golf cart,
four-wheel all-terrain vehicle, or mini truck on
7.32the roadways designated.
7.33 Sec. 106. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
8.1 Subd. 3.
Times of operation. Motorized golf carts and
four-wheel all-terrain
8.2vehicles may only be operated on designated roadways from sunrise to sunset
, unless
8.3equipped with original equipment headlights, taillights, and rear-facing brake lights.
8.4They shall not be operated in inclement weather
, except during emergency conditions as
8.5provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other
8.6conditions, or at any time when there is insufficient
light visibility to clearly see persons
8.7and vehicles on the roadway at a distance of 500 feet.
8.8 Sec. 107. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
8.9 Subd. 5.
Crossing intersecting highways. The operator, under permit, of a
8.10motorized golf cart,
four-wheel all-terrain vehicle, or mini truck may cross any street or
8.11highway intersecting a designated roadway.
8.12 Sec. 108. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
8.13 Subd. 6.
Application of traffic laws. Every person operating a motorized golf cart,
8.14four-wheel all-terrain vehicle, or mini truck under permit on designated roadways has all
8.15the rights and duties applicable to the driver of any other vehicle under the provisions of
8.16this chapter, except when those provisions cannot reasonably be applied to motorized golf
8.17carts,
four-wheel all-terrain vehicles, or mini trucks and except as otherwise specifically
8.18provided in subdivision 7.
8.19 Sec. 109. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
8.20 Subd. 7.
Nonapplication of certain laws. The provisions of chapter 171 are
8.21applicable to persons operating mini trucks, but are not applicable to persons operating
8.22motorized golf carts or
four-wheel all-terrain vehicles under permit on designated
8.23roadways pursuant to this section. Except for the requirements of section
169.70, the
8.24provisions of this chapter relating to equipment on vehicles are not applicable to motorized
8.25golf carts or
four-wheel all-terrain vehicles operating, under permit, on designated
8.26roadways.
8.27 Sec. 110. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
8.28 Subd. 8.
Insurance. In the event persons operating a motorized golf cart,
four-wheel
8.29all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in
8.30the private market, that person may purchase automobile insurance, including no-fault
8.31coverage, from the Minnesota Automobile Insurance Plan under sections
65B.01 to
8.3265B.12
, at a rate to be determined by the commissioner of commerce."
9.1Page 50, after line 27, insert:
9.2 "Sec. 113. Minnesota Statutes 2010, section 239.791, is amended by adding a
9.3subdivision to read:
9.4 Subd. 16. Exemption for recreational vehicle manufacturer. A person
9.5responsible for the product may offer for sale, sell, or dispense gasoline that is not
9.6oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
9.7for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
9.8motorcycles, or recreational vehicles."
9.9Renumber the sections in sequence and correct the internal references
9.10Amend the title accordingly